Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 84

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          money’s worth of any consideration received in exchange therefor.           
          See sec. 2512(b); sec. 25.2512-8, Gift Tax Regs.                            
               Petitioners each reported his or her transfer of one-half of           
          the gifted interest as a net gift.  Each treated as sales                   
          proceeds (consideration received) (1) the amount of Federal and             
          State gift taxes that he or she calculated were to be paid by the           
          children (the gift tax amount) and (2) an amount described on               
          brief as the “mortality-adjusted present value” (mortality-                 
          adjusted present value) of the children’s contingent obligation             
          to pay the additional estate tax that would have been incurred on           
          account of section 2035(c) (the 2035 tax) if that petitioner had            
          died within 3 years of the date of the gift.  Petitioners                   
          describe their computation of the mortality-adjusted present                
          value as follows:                                                           
               Petitioners * * * estimated the amount of estate tax                   
               that would be owed under I.R.C. � 2035(b) based on an                  
               expected 55% marginal estate tax rate.  Then                           
               Petitioners adjusted that amount to present value at                   
               the applicable discount rate under I.R.C. � 7520 for                   
               January 1996, with further adjustment for the                          
               possibility that they would survive each year of the                   
               three-year period with no estate tax actually being                    
               owed.  The probability of death in each of the ensuing                 
               three years was calculated, and then the probability-                  
               weighted tax amounts were discounted to present value                  
               at the required interest rate.  All calculations were                  
               made, as required under I.R.C. � 7520, by reference to                 
               Petitioners’ ages as of their nearest birthdays, the                   
               applicable interest rate under I.R.C. � 7520 for                       
               January, 1996, and mortality factors provided by Table                 
               80CNSMT (as found in Respondent’s Pub. 1457, “Actuarial                
               Values, Alpha Volume”).                                                







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